After a Shawnee citizen approached the city commission with concerns regarding a rezoning near Bryan and MacArthur streets, the request is being sent back to the planning commission for a new hearing.

The man identified himself as James Brennen at Monday night’s meeting, and said he had not been properly notified of the public hearing.

Brennen added that he had concerns regarding the building plans, and possible liability on his part in regards to his farm animals. He expressed concerns about his liability if a child were bitten by his horse or another animal.

Brennen requested that the commission defer action until he could review building plans.

The planning commission voted unanimously to approve the request at their May 1 meeting. Greg Brown Homes requested the rezone to allow for a 72-lot neighborhood development, which would not be allowed under the current agricultural zoning.

In order for a rezone to be heard, the party requesting the rezone must provide a list of people within 300 feet of the property, City Planner Justin Erickson said. The list must come from a bonded abstractor, and Brennen was not included on the list provided.

“It was an oversight on the title company’s part,” Greg Brown, who requested the rezone, said.

Brown added that he didn’t expect this to set his plans back far.

City Attorney Mary Ann Karns said the matter must be sent back to the planning commission because the notice was not adequate. This way Brennen will have a chance to appeal to the planning commission and voice his concerns.

The matter is going to be heard at the June planning commission meeting, Erickson said. After the planning commission makes their recommendation, the matter will be brought again before the city commission.

Whether or not this will change the planning commission’s recommendation remains to be seen.